Order modified by striking from the second ordering paragraph the words and figure "Ten Thousand ($10,000)" and by substituting therefor the words and figure "Five Thousand ($5,000)". As so modified, order insofar as appealed from affirmed, without costs.
On the record before us, it is our opinion that an award of $5,000 as a counsel fee is adequate, particularly in view of the fact that respondent has been given leave to make a subsequent application to the trial...
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